Owusu-Yianoma, R (On the Application Of) v Chief Constable of Leicestershire

Owusu-Yianoma, R (On the Application Of) v Chief Constable of Leicestershire

The conditional caution for the section 4A offence was unlawful because there was insufficient evidence that anyone was actually caused harassment, alarm or distress, a statutory requirement for the offence. The police officer's decision did not satisfy section 23(2) of the Criminal Justice Act 2003, and the claimant's admission could not cure this defect. The caution was therefore quashed.

Parties
Claimant: Owusu-Yianoma; Defendant: Chief Constable of Leicestershire
Jurisdiction
England and Wales
Judgment Date
01 February 2017
Procedural Posture
Judicial Review / Judgment After Rolled Up Hearing
Outcome
Application for judicial review granted; conditional caution quashed; costs awarded to claimant.
Legal Topics
Conditional Cautions, Judicial Review, Public Order Offences, Police Powers
Criminal Law Administrative Law Conditional Cautions Judicial Review Public Order Offences Police Powers

Case Brief

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Parties

Owusu-Yianoma

Claimant

Chief Constable of Leicestershire

Defendant

Procedural Posture

Judicial Review / Judgment After Rolled Up Hearing

Legal Issues

  1. 1 Whether the conditional caution for an offence under section 4A of the Public Order Act 1986 was lawfully administered
  2. 2 Whether the requirements of section 23 of the Criminal Justice Act 2003 were satisfied
  3. 3 Whether the claimant was properly informed and admitted the offence

Ratio Decidendi

The conditional caution for the section 4A offence was unlawful because there was insufficient evidence that anyone was actually caused harassment, alarm or distress, a statutory requirement for the offence. The police officer's decision did not satisfy section 23(2) of the Criminal Justice Act 2003, and the claimant's admission could not cure this defect. The caution was therefore quashed.

Court Disposition

Application for judicial review granted; conditional caution quashed; costs awarded to claimant.

Orders

  • The conditional caution administered on 3 May 2015 is quashed.
  • The defendant is to pay the claimant's costs, summarily assessed at £10,000 inclusive of VAT.